Juvenile Law Center filed a brief on appeal to the Connecticut Supreme Court in support of Fernandes, whose case had been transferred with no prior hearing from juvenile court to adult criminal court pursuant to Connecticut General Statutes §46b-127(b). The Connecticut Superior Court had ruled that the failure to provide a hearing in juvenile court to afford the defendant an opportunity to contest his transfer violated the requirements of §46b-127(b) and due process.
Juvenile Law Center called for the Supreme Court to uphold the appellate court’s decision and reverse Fernandes’ conviction, arguing in the brief that that §46b-127(b) violates the due process rights of juvenile defendants like Fernandes because it gives the prosecutor the power to choose the forum in which juveniles are tried without providing standards to guide that choice, a statement of reasons, or an opportunity for review to determine whether the juvenile would be suitable for prosecution in the adult system and would be amenable to treatment.
The Connecticut Supreme Court reversed the Connecticut Superior Court’s decision, ruling that the absence of a hearing in juvenile court did not violate statutory and due process requirements. The Court subsequently denied Fernandes’ motion for reconsideration and rehearing.